Skip to Content

Notes for Defendant on filing a Part 16 Defence

Notes for Defendant on filing a Part 16 Defence

July 31, 2014

image_pdfimage_print

These guidelines are pursuant to Rule 16 of the Rules of the DIFC Courts.  They are not to be used as an exhaustive resource, but will guide you in how to complete Forms 16/01 or 16/02.  Additional information may be obtained from the DIFC Courts’ Registry website at www.difccourts.ae.

 

Guidelines

  • Form 16/01 (specified amount) or Form 16/02 (unspecified amount or non-money claims) may be used for the purpose of defence and are included in the response pack served on the defendant with the particulars of claim.
  • A defendant who wishes to defend all or part of a claim must file a defence.
  • If a defendant fails to file a defence, the claimant may obtain default judgment if Part 13 allows it.
  • Complete the Defence of Claim form within 14 days after service of particulars of claim.  However, if the defendant files an Acknowledgment of Service under Part 11, the Defence of Claim form must be filed within 28 days after service.  Please refer to Rule 16.10 regarding exceptions to the general rule for the period for filing a defence.

Service of Defence of Claim Form

  • A copy of the defence must be served on every other party.
  • Where a defendant to a claim serves a counterclaim under Part 21, the defence and counterclaim should normally form one document, with the counterclaim following the defence.

Staying the Claim

 The claim shall be stayed where:

1)     at least six months have expired since the end of the period for filing a defence specified in Rules 16.9 and 16.10;

2)     no defendant has served or filed an admission or filed a defence or counterclaim; and

3)     the claimant has not entered or applied for judgment under Part 13 or Part 24.

 Statement of Truth

  • A defence of claim form must be signed by the defendant or his legal representative.
  • If the defence of claim form is signed by a legal representative or a person holding a senior position in the defendant company or corporation, they must state their firm/company and the position they hold.

When corresponding with the Courts, please address forms or letters to the Registry (registry@difccourts.ae) and quote the claim number.

 (RDC Part 16 – 07.10)

X

Privacy Policy

The Dispute Resolution Authority and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dispute Resolution Authority and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DRA's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DRA in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DRA and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DRA is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DRA and all its affiliates shall protect personal information held by them in all its form.
  6. DRA and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DRA and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DRA’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.